KAILASH GHADEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has preferred this Revision against the concurrent judgment of his conviction under Section 506 Indian Penal Code read with Section 3 of the Explosive substances Act and Section 27 (1) of the Arms Act and sentence to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500.00 on each Count, i.e. Section 506 I PC, Section 3 of the Explosive Substances Act and Section 27(1) of the Arms Act, and in default of payment of fine on each count as aforesaid, to undergo rigorous imprisonment for one month on each count. The substantive sentences were directed to run concurrently. The conviction and sentence of The Petitioner as aforesaid passed by the learned Assistant Sessions Judge, Berhampur have been concurred by the 1st Addl. Sessions Judge, Berhampur.

(2.) THE prosecution allegation in brief is that on 28 -9 -1998 at about 11.35 p.m. informant Bhabani Shankar Patnaik, the then I.I.C. of Bada Bazar PS., Berhampur received an anonymous telephone message that the accused Petitioner had come to Dhanamera Sahi along with two of his accomplices and threatened the witnesses in Prakash Behera's murder case with dire consequences if they would come forward to give statements against him. On receiving the information, one Station Diary Entry was made and the I.I.C. along with his staff proceeded to the spot. On his arrival he found that the entire street was empty and the doors of the houses there were shut. The I.I.C. and his staff searched for the accused petitioner and his accomplices, but could not locate them. They called the Sahi people, but nobody came out of their houses. After much persuasion, Sunil Kumar Naik (PW. 2), Ranjit Kukhi (P.W. 3) and Tutu behera (PW. 4) came out and confirmed the incident. They alleged about the overt acts committed by the accused -petitioner, such as Petitioner and his associates having threatened the Sahi people being armed with swords and bombs and exploded two bombs on the road; and The Petitioner abusing the people of the locality loudly and cautioning them that he (petitioner) would also murder them if they would make any statement in Prakash Behera murder case. After investigation, charge -sheet was submitted and The Petitioner faced his trial.

(3.) THE trial Court after discussing the evidence arrived at the conclusion that the accused -petitioner was guilty of the charges. Accordingly, The Petitioner was convicted and sentenced as stated above. The appellate court also once again scrutinised the entire evidence and confirming the finding arrived at by the trial Court dismissed the appeal.